(i)A period of suspension;
(ii)A revocation;
(iii)Remedial measures;
(iv)Required promulgation, adoption and implementation
of written, preventative policies or procedures addressing specific
areas of professional practice;
(v)A probationary period with provisions for monitoring
the Respondent's practice;
(vi)Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(vii)Restrictions on the scope of practice the Respondent
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(viii)Up to $1,500 in administrative penalties per
act or omission which constitutes a violation(s) of the Act, Board
rules, or USPAP, up to the maximum $5,000 statutory limit per complaint
matter.
(G)3rd Time Discipline Level 1--violations of the
Act, Board rules, or USPAP which evidence minor deficiencies will
result in a final order which imposes one or more of the following:
(i)A period of suspension;
(ii)A revocation;
(iii)Remedial measures;
(iv)Required promulgation, adoption and implementation
of written, preventative policies or procedures addressing specific
areas of professional practice;
(v)A probationary period with provisions for monitoring
the Respondent's practice;
(vi)Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(vii)Restrictions on the scope of practice the Respondent
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(viii)$1,000 to $1,500 in administrative penalties
per act or omission which constitutes a violation(s) of the Act, Board
rules, or USPAP, up to the maximum $5,000 statutory limit per complaint
matter.
(H)3rd Time Discipline Level 2--violations of the
Act, Board rules, or USPAP which evidence serious deficiencies will
result in a final order which imposes one or more of the following:
(i)A period of suspension;
(ii)A revocation;
(iii)Remedial measures;
(iv)Required promulgation, adoption and implementation
of written, preventative policies or procedures addressing specific
areas of professional practice;
(v)A probationary period with provisions for monitoring
the Respondent's practice;
(vi)Restrictions on the Respondent's ability to sponsor
any appraiser trainees;
(vii)Restrictions on the scope of practice the Respondent
is allowed to engage in for a specified time period or until specified
conditions are satisfied; or
(viii)$1,500 in administrative penalties per act
or omission which constitutes a violation(s) of the Act, Board rules,
or USPAP, up to the maximum $5,000 statutory limit per complaint matter.
(I)3rd Time Discipline Level 3--violations of the
Act, Board Rules, or USPAP which evidence serious deficiencies and
were done with knowledge, deliberately, willfully, or with gross negligence
will result in a final order which imposes one or more of the following:
(i)A revocation; or
(ii)$1,500 in administrative penalties per act or
omission which constitutes a violation(s) of the Act, Board rules,
or USPAP, up to the maximum $5,000 statutory limit per complaint matter.
(J)4th Time Discipline--violations of the Act, Board
rules, or USPAP will result in a final order which imposes the following:
(i)A revocation; and
(ii)$1,500 in administrative penalties per act or
omission which constitutes a violation(s) of USPAP, Board rules, or
the Act, up to the maximum $5,000 statutory limit per complaint matter.
(K)Unlicensed appraisal activity will result in a
final order which imposes a $1,500 in administrative penalties per
unlicensed appraisal activity, up to the maximum $5,000 statutory
limit per complaint matter.
(4)In addition, staff may recommend any or all of
the following:
(A)reducing or increasing the recommended sanction
or administrative penalty for a complaint based on documented factors
that support the deviation, including but not limited to those factors
articulated under paragraph (2) of this subsection;
(B)probating all or a portion of any sanction or
administrative penalty for a period not to exceed five years;
(C)requiring additional reporting requirements; and
(D)such other recommendations, with documented support,
as will achieve the purposes of the Act, Board rules, or USPAP.
(p)[(n)] The Board may order
a person regulated by the Board to refund the amount paid by a consumer
to the person for a service regulated by the Board.
(q)[(o)] Agreed resolutions
of complaint matters pursuant to Texas Occupations Code §1103.458
or §1103.459 must be signed by:
(1)the Board Chair or if the Board Chair is unavailable
or must recuse him or herself, the Board Chair's designee, whom shall
be (in priority order) the Board Vice Chair, the Board Secretary,
or another Board member;
(2)Respondent;
(3)a representative of the Standards and Enforcement
Services Division; and
(4)the Commissioner.
The agency certifies that legal counsel has
reviewed the proposal and found it to be within the
state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on November 16, 2020
TRD-202004837 Kathleen Santos
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: December 27, 2020
For further information, please call: (512) 936-3652
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